What do I do if my boyfriend filed for bankruptcy, is now being sued, went to an attorney and was told that the house never foreclosed? 9 Answers as of April 29, 2015

Lawyer now claims he will take care of legal fees for his name on the deed. This sounds very fishy to me. Please advise.

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Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Your question doesn't make a lot of sense - there is much missing information. Filing for bankruptcy does NOT act to transfer property out of the name of the owner automatically. The lender still must file a foreclosure proceeding, and until that happens the owner remains obligated to maintain the property and to pay HOA fees and property taxes.
Answer Applies to: Colorado
Replied: 4/29/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
This question is a bit vague but if the house never foreclosed and he filed bankruptcy, then he cant be held liable for it anyway. Bankruptcy does not remove his name off the deed. He may want to list the house with a local realtor for a short sale (assuming its underwater in value) and once the house is sold it will be out of his name.
Answer Applies to: New York
Replied: 4/29/2015
Ronald K. Nims LLC | Ronald K. Nims
If he filed bankruptcy he's no longer personally liable on the mortgage but the bank still has a lien against the house. The bank is allowed to foreclose and use the money from the sheriff's sale to recoup its losses on the mortgage. Since it hurts his credit that he's being sued for foreclosure, competent bankruptcy attorneys generally advise their clients to do a short sale or deed in lieu. It is completely unethical to take a property from a client without completely informing them of the value and the consequences of the transaction.
Answer Applies to: Ohio
Replied: 4/27/2015
Stephens Gourley & Bywater | David A. Stephens
If he filed for bankruptcy and was discharged, the lawsuit would be stayed, unless it is for foreclosure. To answer the remainder of your questions, I would need to know more about the bankruptcy and the foreclosure status.
Answer Applies to: Nevada
Replied: 4/27/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
I'm not sure what state you are in but that does not sound right. I think your boyfriend did not hear the lawyer correctly. The lender violated the discharge injunction by suing him. The lawyer can get a bankruptcy court judge to award him attorneys fees for going after the creditor who sued your boyfriend. This is most likely what is going on.
Answer Applies to: California
Replied: 4/27/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    When you get information second hand, it is never very reliable. Your boyfriend should be posting his own question, because you have not provided enough details for your question to make any sense. Bankruptcy does not provide someone with a free house, and a mortgage company can foreclose once the bankruptcy is completed.
    Answer Applies to: Nevada
    Replied: 4/27/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Foreclosure and BK are two different things. Your friend may be entitled to excess proceeds after the sale. Those funds would go to attorney if he signs. Could be on the level or a total scam.
    Answer Applies to: California
    Replied: 4/27/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Unfortunately, your question is not clear enough to answer. I suggest you try reformulating it, setting out the history relating to the foreclosure, and the details of the lawsuit. Generally, a creditor may not sue a person who is in bankruptcy without permission from the Court (called 'Relief from Stay,') and even then the creditor is precluded from seeking any dollars from the homeownerjust to get the real estate. If your boyfriend has doubts about his lawyer, he should find another in whom he has confidence.
    Answer Applies to: Wisconsin
    Replied: 4/27/2015
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    STOP! Do not even consider retaining this lawyer. You should report him to your state bar immediately, then call the local bar association and find a competent bankruptcy attorney who can analyze your boyfriend's situation and advise him whether bankruptcy is the best option.
    Answer Applies to: California
    Replied: 4/27/2015
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